Biur Chametz - Revision history

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YitzchakSultan1 at 20:09, 11 April 2024

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	Biur Chametz refers to the Torah's commandment that all Jews get rid of their chametz prior to the onset of Pesach.		Biur Chametz refers to the Torah's commandment that all Jews get rid of their chametz prior to the onset of Pesach.
	[[Image:Biur chametz.jpg\|250px\|~~left~~\|Orthodox Man Reciting a Prayer While Performing Biur Chametz]]		[[Image:Biur chametz.jpg\|250px\|right\|Orthodox Man Reciting a Prayer While Performing Biur Chametz]]







	==How to do Biur Chametz==		==How to do Biur Chametz==

YitzchakSultan1 at 20:09, 11 April 2024

2024-04-11T20:09:07Z

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	~~Man Reciting a Prayer While Performing Biur Chametz~~

	==How to do Biur Chametz==		==How to do Biur Chametz==

YonatanSturm: Style and Clarity

2024-04-10T00:50:19Z

Style and Clarity

← Older revision		Revision as of 00:50, 10 April 2024
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	[[Image:Biur chametz.jpg\|250px\|~~right~~]]		Biur Chametz refers to the Torah's commandment that all Jews get rid of their chametz prior to the onset of Pesach.
	~~The Torah commands us to remove and destroy all chametz we own before Pesach.~~		[[Image:Biur chametz.jpg\|250px\|left\|Orthodox Man Reciting a Prayer While Performing Biur Chametz]]






			Man Reciting a Prayer While Performing Biur Chametz

	==How to do Biur Chametz==		==How to do Biur Chametz==
	===Burning or Other Means===		===Burning or Other Means===
	#The minhag is to burn chametz until it becomes coals or ashes during the day, however, one fulfills the mitzvah by destroying the ~~Chametz~~ in any fashion.<ref>Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15 תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.		#The minhag is to burn chametz until it becomes coals or ashes during the day; however, one fulfills the mitzvah by destroying the chametz in any fashion.<ref>Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15 תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.
	*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref>		*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref>
	#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref> Some say that one should burn the chametz in one's own property.<ref>Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain. </ref>		#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref> Some say that one should burn the chametz in one's own property.<ref>Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain. </ref> However, it is more common for people to use a communal bonfire or fire-pit.
	#~~It’s~~ preferable to burn the chametz without dousing it in gasoline or lighter fluid so that ~~one can destroy the Chametz~~ with fire ~~and not~~ to ~~make it inedible~~ using any other means.<ref>Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur [[Pesach]] Kihilchato page 173. </ref> If the chametz will not burn ~~in time~~ without the gasoline then one should ~~pour~~ it to speed up the burning.<ref>http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html </ref>		#It is preferable to burn the chametz without dousing it in gasoline or lighter fluid; the Halacha dictates that ideally chametz should be made inedible with direct fire as opposed to by using any other means.<ref>Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur [[Pesach]] Kihilchato page 173. </ref> If the chametz will not burn quickly enough without the gasoline then one should utilize it in order to speed up the burning.<ref>http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html </ref>
	#One should burn the chametz until it turns to charcoal.<ref>Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3. </ref>		#One should burn the chametz until it turns to charcoal.<ref>Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3. </ref>
	#One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref>		#One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref> [It would probably be good to include a sentence about what left-handed people should do, and if there is a distinction between left-handed people and right-handed people]

	===Another Jew===		===Another Jew===
	#It is preferable for one to burn his own chametz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</ref>		#It is preferable for one to burn his own chametz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</ref> [It could be good to include an explanation here of the general principle of "Mitzvah Bo Yoser Bibeshlucho" and the relevance to Biur Chametz]
	===Cutting It Up===		===Cutting It Up===
	#One should cut the chametz into thin slices in order for it to burn ~~properly~~.<ref>Chazon Ovadia [[Pesach]] page 40. </ref>		#One should cut the chametz into thin slices in order for it to burn more effectively.<ref>Chazon Ovadia [[Pesach]] page 40. </ref>
	===Kezayit===		===Kezayit===
	#~~One~~ should leave over at least a [[Kezayit]] of chametz ~~that he is not selling~~ to ~~a non-Jew~~ in order to properly fulfill this ~~mitzva.<ref>Mishna Brurah 445:10, Kaf Hachayim 445:18. </ref>~~		#If one is selling chametz that he owns to a non-Jew prior to Pesach, he should leave over at least a [[Kezayit]] of chametz to burn during Biur Chametz in order to properly fulfill this Mitzvah

	===Flushing Down Toilet===		===Flushing Down Toilet===
	#One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.<ref>Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean. </ref>		#One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.<ref>Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean. </ref>
	# if one is throwing ~~one's~~ chametz into water ~~one~~ should crush it up first.<ref>Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.</ref> This applies even if one is destroying it before the sixth hour on Erev Pesach.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 118:3] proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam luleh. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.</ref>		# If one is throwing their chametz into water they should crush it up first.<ref>Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.</ref> This applies even if one is destroying it before the sixth hour on Erev Pesach.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 118:3] proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam luleh. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.</ref> [It could be good to include a discussion regarding the specific timing of Biur Chametz, in terms of what the ideal time is and what the earliest and latest times are.]

	===Garbage===		===Garbage===
	#If one puts chametz in one’s private garbage bin one should either pour Ajax on the ~~Chametz~~ to make it totally inedible,<ref>Minchat Yitzchak 4:56, [[Shevet Halevi]] 1:137. </ref> or put it in the street and declare ~~that~~ it be ownerless in front of three people.<ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref> One can also include them in the sale of the chametz to a non-Jew but then they cannot be used by him over [[pesach]].<ref>Be'er Moshe 1:41; 3:74 </ref>		#If one puts chametz in one’s private garbage bin one should either pour Ajax (or a similar substance) on the chametz to make it totally inedible,<ref>Minchat Yitzchak 4:56, [[Shevet Halevi]] 1:137. </ref> or put it in the street and declare it ownerless in front of three people.<ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref> One can also include them in the sale of the chametz to a non-Jew but then they cannot be used by him over [[pesach\|Pesach]].<ref>Be'er Moshe 1:41; 3:74 </ref>
	===Minhag to Burn Other Things with Chametz===		===Minhag to Burn Other Things with Chametz===
	#There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur.<ref>Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the [[lulav]],<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot [[Sukkah]] 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the [[lulav]] to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to fuel the ovens for [[matza]] according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot,<ref>Mishna Brurah 445:7 </ref> leftover [[chanuka]] candles and wicks,<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of [[Chanukah]] candles. </ref> and fingernails<ref>Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz.		#There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur.<ref>Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the [[lulav]],<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot [[Sukkah]] 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the [[lulav]] to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to fuel the ovens for [[matza]] according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot,<ref>Mishna Brurah 445:7 </ref> leftover [[chanuka]] candles and wicks,<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of [[Chanukah]] candles. </ref> and fingernails<ref>Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz.
	===Women===		===Women===
	#Women are also obligated in the ~~mitzva~~ to destroy chametz.<ref>Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref>		#Women are also obligated in the mitzvah to destroy chametz.<ref>Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref>
	===Asking a Non-Jew===		===Asking a Non-Jew===
	# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz, however, you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.		# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz, however, you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.

The RaMBaZ: /* Which candle to use */ As per Rabbi Jaegar of the Guidelines Series of Halacha books, it is incorrect that one does not recite a bracha when doing Bedikas Chametz with a flashlight. A bracha should be recited. (Side Note: this whole section should probably be deleted and merged with the Bedikat Chametz section.)

2024-04-04T09:39:21Z

Which candle to use: As per Rabbi Jaegar of the Guidelines Series of Halacha books, it is incorrect that one does not recite a bracha when doing Bedikas Chametz with a flashlight. A bracha should be recited. (Side Note: this whole section should probably be deleted and merged with the Bedikat Chametz section.)

← Older revision		Revision as of 09:39, 4 April 2024
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	#There is no beracha recited before the burning. The beracha of ''al biur chametz'' is recited before the bedika.<ref>Shulchan Aruch 432:1. Mishna Brurah 432:3 explains that this is because bedika is considered the beginning of the biur, and the bitul is done mainly in the heart and you can't say a beracha on something done in your heart. </ref>		#There is no beracha recited before the burning. The beracha of ''al biur chametz'' is recited before the bedika.<ref>Shulchan Aruch 432:1. Mishna Brurah 432:3 explains that this is because bedika is considered the beginning of the biur, and the bitul is done mainly in the heart and you can't say a beracha on something done in your heart. </ref>
	#If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning.<ref>Mishna Brurah 423:4 </ref>		#If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning.<ref>Mishna Brurah 423:4 </ref>
	~~#One does not recite a blessing when using a flashlight for Bedikat Chametz.<ref>Or Letzion 7.8 </ref>~~

	==Praying Arvit==		==Praying Arvit==

YitzchakSultan1 at 17:47, 13 July 2023

2023-07-13T17:47:47Z

← Older revision		Revision as of 17:47, 13 July 2023
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	[[Category:Pesach]]		[[Category:Pesach]]
	[[Category:Holidays]]		[[Category:Holidays]]
			{{Pesach}}

Unknown user: /* Asking a Non-Jew */

2021-03-11T16:48:04Z

Asking a Non-Jew

← Older revision		Revision as of 16:48, 11 March 2021
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	#Women are also obligated in the mitzva to destroy chametz.<ref>Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref>		#Women are also obligated in the mitzva to destroy chametz.<ref>Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref>
	===Asking a Non-Jew===		===Asking a Non-Jew===
	# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz however you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.		# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz, however, you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.
	* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref>		* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref>
	#There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.<ref>Tosfot Rabbenu Peretz ~~Pseachim~~ 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, Avnei Nezer OC 341 hold like the Rosh.</ref>		#There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.<ref>Tosfot Rabbenu Peretz Pesachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b s.v. Rabbi Shimon, Meiri 21a s.v. umochra, and Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, and Avnei Nezer OC 341 hold like the Rosh.</ref>

	===Feeding Chametz to Animals===		===Feeding Chametz to Animals===

Unknown user: /* Asking a Non-Jew */

2021-01-13T21:03:00Z

Asking a Non-Jew

← Older revision		Revision as of 21:03, 13 January 2021
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	# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz however you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.		# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz however you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.
	* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref>		* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref>
			#There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.<ref>Tosfot Rabbenu Peretz Pseachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, Avnei Nezer OC 341 hold like the Rosh.</ref>

	===Feeding Chametz to Animals===		===Feeding Chametz to Animals===
	# One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.<ref>Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215</ref>		# One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.<ref>Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215</ref>

Unknown user: /* When */

2021-01-13T16:37:42Z

When

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	#If one is selling his chametz via his local rabbi, it is preferable to burn his remaining chametz after the sale takes effect.<ref>*The Mishna (Pesachim 21a) records a dispute between Rabbi Yehuda, who holds that one must burn one’s Chametz in order to fulfill Biur Chametz, and Rabanan, who say that one can fulfill Biur Chametz even by throwing it to the wind or into the ocean. The Rosh (2:3) quotes a dispute amongst the Rishonim regarding which opinion is normative. While the S”A 445:1 rules like Rabanan, the Rama says the Minhag is to burn it.		#If one is selling his chametz via his local rabbi, it is preferable to burn his remaining chametz after the sale takes effect.<ref>*The Mishna (Pesachim 21a) records a dispute between Rabbi Yehuda, who holds that one must burn one’s Chametz in order to fulfill Biur Chametz, and Rabanan, who say that one can fulfill Biur Chametz even by throwing it to the wind or into the ocean. The Rosh (2:3) quotes a dispute amongst the Rishonim regarding which opinion is normative. While the S”A 445:1 rules like Rabanan, the Rama says the Minhag is to burn it.
	*Rabbi Mordechai Willig (Am Mordechai Moadim p. 152-3) defends the Minhag of those who burn the Chametz in the morning before going to work even though it is before the Rabbi sells the rest of their Chametz. He explains that even though they aren’t burning their last K’zayit, nonetheless, they fulfill Tashbitu when the Rabbi sells the Chametz on their behalf. He bases this argument on the Tur 436, who according to the Pri Chadash 436:3, holds that selling one’s Chametz to a non-Jew is a fulfillment of Tashbitu. He adds that even though there is a Mitzvah to burn the Chametz, Rosh and Beit Yosef maintain that if one gets rid of his Chametz before the fifth hour, even Rabbi Yehuda agrees that one need not burn it.		*Rabbi Mordechai Willig (Am Mordechai Moadim p. 152-3) defends the Minhag of those who burn the Chametz in the morning before going to work even though it is before the Rabbi sells the rest of their Chametz. He explains that even though they aren’t burning their last K’zayit, nonetheless, they fulfill Tashbitu when the Rabbi sells the Chametz on their behalf. He bases this argument on the Tur 436, who according to the Pri Chadash 436:3, holds that selling one’s Chametz to a non-Jew is a fulfillment of Tashbitu. He adds that even though there is a Mitzvah to burn the Chametz, Rosh and Beit Yosef maintain that if one gets rid of his Chametz before the fifth hour, even Rabbi Yehuda agrees that one need not burn it.
	*Rabbi Hershel Schachter (B’ikvei HaTzon p. 76) argues that some Rishonim hold that one does not fulfill Tashbitu by selling one’s Chametz (see Tosfot Rabbenu Peretz Pesachim 28b). Accordingly, if one burns his Chametz in the morning before the Rabbi sells the rest of one’s Chametz, one might not fulfill Tashbitu. Furthermore, the Bracha one made before [[Bedikat Chametz]] may turn out to be a Bracha Levatala. Rabbi Schachter also stated his opinion on the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 28:30 and 30:15 and in a [http://www.yutorah.org/lectures/lecture.cfm/774202/Rabbi_Hershel_Schachter/Halachos_of_Pesach shiur on yutorah.org] (“Halachos of [[Pesach]],” min 3-6). See [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_13070_102.pdf an article in Kovetz Aharon VeYisrael] about whether one fulfills Tashbitu with selling his chametz to a non-Jew.</ref>		*Rabbi Hershel Schachter (B’ikvei HaTzon p. 76) argues that some Rishonim hold that one does not fulfill Tashbitu by selling one’s Chametz (see Tosfot Rabbenu Peretz Pesachim 28b). Accordingly, if one burns his Chametz in the morning before the Rabbi sells the rest of one’s Chametz, one might not fulfill Tashbitu. Furthermore, the Bracha one made before [[Bedikat Chametz]] may turn out to be a Bracha Levatala. Rabbi Schachter also stated his opinion on the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 28:30 and 30:15 and in a [http://www.yutorah.org/lectures/lecture.cfm/774202/Rabbi_Hershel_Schachter/Halachos_of_Pesach shiur on yutorah.org] (“Halachos of [[Pesach]],” min 3-6). See [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_13070_102.pdf an article in Kovetz Aharon VeYisrael] about whether one fulfills Tashbitu with selling his chametz to a non-Jew.
			* The Tosfot Rabbenu Peretz Pseachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu.</ref>
	#The burning and the bitul of the chametz should be finished by the end of the fifth hour.<ref>Shulchan Aruch O.C. 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. Theoretically, one may burn one’s chametz until halakhic midday (Mishnah Pesachim 11b); however, Mishna Brurah (434:12) writes that in order to perform bitul chametz after biur chametz, one must burn it before the end of the fifth hour. </ref> Some say that one should specifically burn it at the beginning of the fifth hour.<ref>Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'[[matza]] 1:9. </ref>		#The burning and the bitul of the chametz should be finished by the end of the fifth hour.<ref>Shulchan Aruch O.C. 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. Theoretically, one may burn one’s chametz until halakhic midday (Mishnah Pesachim 11b); however, Mishna Brurah (434:12) writes that in order to perform bitul chametz after biur chametz, one must burn it before the end of the fifth hour. </ref> Some say that one should specifically burn it at the beginning of the fifth hour.<ref>Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'[[matza]] 1:9. </ref>
	#If chametz is found during [[pesach]], see [[Bedikat_Chametz#If_one_finds_Chametz]].		#If chametz is found during [[pesach]], see [[Bedikat_Chametz#If_one_finds_Chametz]].